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Home My WebLink About2012-11-05city council minutes BOOK 53 PAGE 120 REGULAR MEETING November 5, 2012 7:00 P.M. The Mayor asked that everyone stand for the invocation lead by Mike Ash of the Evergreen Heights Mennonite Church and remain standing for the Pledge of Allegiance to the Flag. The Roll of the City Council was called by the City Clerk with the following members present: Blacker, Ozuna, Hopper, Callsen, Pollard, and Clark. CONFLICT OF INTEREST DECLARATION None. SPECIAL PRESENTATIONS None. ADDITIONS OR DELETIONS TO THE AGENDA MOVED by Blacker, SECONDED by Pollard to amend the agenda by removing Item #12 from under the Consent Calendar as requested by City Staff. MOTION CARRIED AUDIENCE PARTICIPATION None. CONSENT CALENDAR: 1.Approve acceptance of the minutes from the Caldwell City Council Regularly Scheduled Meeting held on October 15, 2012; the Senior Center Board Meeting held on October 22, 2012; the Caldwell Housing Authority Meetings held on July 17, 2012, August 21, 2012, September 18, 2012, and September 20, 2012; the Youth Master Plan Committee Meeting held on September 25, 2012; the 17, 2012; the Caldwell Historic Preservation Commission Meeting held on September 24, 2012; the Planning & Zoning Commission Meeting held on October 9, 2012; and the Library Board Meeting held on October 4, 2012; 2.Approve Resolution No. 149-12 authorizing the Mayor and City Council to waive the sign permit fees in the amount of $202.93 and associated electrical permit application fees in the amount of $37.13 for a total fee waiver request of $240.06 from Caldwell High School for an updated reader board sign. 3.Approve Resolution No. 150-12 adopting the policy concerning Fair Housing for the City of Caldwell; 4.Approve Resolution No. 151-12 adopting the policy concerning Non-discrimination on the Basis of Disability (ADA) for the City of Caldwell; 5.Approve Resolution No. 152-12 adopting the policy concerning ADA Grievance Procedure for the City of Caldwell; 6.Approve Resolution No. 153-12 adopting the policy concerning Non-discrimination as provided by Title VI; 7.Approve Resolution No. 154-12 adopting the policy concerning the Title VI Discrimination Complaint Procedure; 8.Approve Resolution No. 155-12 accepting an easement from Pilot Travel Center, LLC for constructing, operating, and maintaining a domestic water line; 9.Approve Resolution No. 156-12 accepting an easement from Lloyd Family, LLC for constructing, operating, and maintaining pressure irrigation lines; 10.Approve Resolution No. 157-12 accepting a Quitclaim Deed from Lloyd Family, LLC for future development right-of-way along Brian Avenue; 11.Approve Resolution No. 158-12 accepting the Award of Bid for the U.S. Hwy. 20-26 Road Widening Project Traffic Signal not to exceed $200,000; 12.Approve Resolution authorizing the execution of modifications to a Sewer Reimbursement Agreement [REMOVED FROM AGENDA] to exclude Sienna Hills, LLC; 13.Approve Resolution No. 159-12 authorizing the purchase of a new forklift for the Street Department in the amount of $24,215 from Arnold Machinery; 14.Approve Resolution No. 160-12 authorizing the purchase of a new forklift for the Waste Water Treatment Plant in the amount of $24,215 from Arnold Machinery; 15.Approve Resolution No. 161-12 authorizing the purchase of a new John Deere 75D Excavator for the Street Department in the amount of $110,883 from the National Joint Powers Alliance; 16.Approve Resolution No. 162-12 authorizing the execution of the Advertising Contract with Madison Publications in the amount of $4,500 for the Caldwell Life Magazine; 17.Approve Resolution No. 163-12 authorizing the execution of the EMSS Joint Powers Agreement with Canyon County Ambulance District, the City of Nampa, the Parma Rural Fire Protection District, the Melba Rural Fire District, the Middleton Rural Fire Protection District, the Wilder Rural Fire Protection District, the Kuna Rural Fire District, and the Homedale Rural Fire Protection District; 18.Approve Resolution No. 164-12 authorizing the execution of the Real Estate Lease Agreement with the Caldwell Family YMCA and the Caldwell Recreation Department in the amount of $605 per month for the period of November 1, 2012 through October 31, 2013; BOOK 53 PAGE 121 19.Approve Resolution No. 165-12 authorizing the execution of the Cooperative Agreement with Valley Regional Transit in the amount of $124,780; 20.Approve Resolution No. 166-12 authorizing the execution of the Renewal of the Annual Maintenance Agreement with Technical Difference, Inc., for support and program maintenance for People Trak HRIS system in the amount of $1,892.99; 21.Approve Resolution No. 167-12 authorizing the execution of the Farm Lease Agreement with Gabe Matsumoto; 22.Approve Resolution No. 168-12 authorizing the declaration of city-owned office equipment located at the Water Department as surplus property; 23.Approve the resignation of Anita Shore from the Caldwell Historic Preservation Commission effective January 1, 2013; 24.Approve the appointment of Gay Dawkins to the Audit Committee for a three-year term expiring December 31, 2015. MOVED by Hopper, SECONDED by Blacker to approve the Consent Calendar as amended. Roll call vote. Those voting yes: Hopper, Callsen, Pollard, Clark, Blacker, and Ozuna. Those voting no: none. Absent and/or not voting: none. MOTION CARRIED OLD BUSINESS: øÝÑÒÌ×ÒËÛÜ ÚÎÑÓ ÑÝÌÑÞÛÎ ïëô îðïîæ ÝÑÒÍ×ÜÛÎ ÎÛÍÑÔËÌ×ÑÒ ÒÑò ïêçóïî ßÒÜ ÒÑò ïéðóïî ßËÌØÑÎ×Æ×ÒÙ ÌØÛ ÎÛÐÔßÝÛÓÛÒÌ ßÒÜ ÎÛÐß×Î ÑÚ ØßÆßÎÜÑËÍ Í×ÜÛÉßÔÕÍ ÌØ ßÌ ïëðé ßÎÌØËÎ ÍÌÎÛÛÌô çðé ÙÎßÒÌ ÍÌÎÛÛÌßÒÜ îðí ÍÑËÌØ ïë ßÊÛÒËÛ÷ Robb MacDonald, Assistant Engineer at 621 Cleveland Boulevard, presented pictures of the sidewalks at th 907 Grant Street and 203 South 15 Avenue needing repair. He noted that the homeowner at 1507 Arthur Street had already L.I.D. program to address sidewalk repairs at the site. A letter th of hardship was received from the homeowner at 203 South 15 Avenue which was presented to Council at their meeting on October 15, 2012. There has been no response from the homeowner at 907 Grant Street to communication sent by the Engineering Department staff. In accordance to Caldwell City Code Section 05-01-03, City Council has the authority to order the repairs to be made to hazardous sidewalks. The Mayor reported that he contacted the insurance provider, ICRMP, and was informed that it any complaint of a hazardous sidewalk or could be held liable for injury if the hazardous condition was not corrected. Property owners are responsible for safe passage on their sidewalks. Councilman Callsen asked if the block has other hazardous sidewalk conditions along Grant Street or just at 907 Grant Street. Mr. MacDonald stated that the complaint related only to 907 Grant Street. Councilman Hopper stated that if there are adjacent properties with sidewalks in equal disrepair, even though only one specific address was reported, the same process should be followed with adjacent properties. He also noted that it appears that a hedge is encroaching on the sidewalk area at 907 Grant Street. Mr. MacDonald reported that the sidewalk must have a minimum width to meet ADA requirements. If the hedge is encroaching on the sidewalk, it would be trimmed back. If the remainder of the neighborhood sidewalks need repair, those property owners will also be approached. Councilman Clark concurred with statements from Councilman Hopper that one neighbor should not be singled out due to a complaint if the adjacent sidewalks also need to be repaired. He noted that since Lincoln School is in close proximity, there were would be children using the sidewalks for commuting back and forth to school. In response to questions from Councilman Clark, the Mayor clarified that if there was an injury on a hazardous sidewalk in which the City had not been previously notified of any hazardous conditions, the City would not be liable for those injuries. He reiterated that it is the responsibility of the property owner to provide safe passage on their sidewalk(s). th Discussion followed concerning the hardship letter received from the homeowner of 203 South 15 Avenue. It was noted that all Local Improvement District (L.I.D.) assessments are placed as liens on specific properties. The lien must be cleared before new ownership is taken of the property. It was suggested by Councilman Hopper that staff should communicate with the homeowner at 203 South th 15 Avenue and explain the L.I.D. process as it relates to a liens. Councilman Pollard concurred with comments made by Councilman Hopper. Councilman Hopper inquired about a list of hazardous sidewalks that had been referred to by the previous Brent Orton, Public Works Director and City Engineer at 621 Cleveland Blvd., stated that he was not aware of any such list; however, in response to requirements associated with ADA through the Idaho BOOK 53 PAGE 122 sidewalks/pedestrian ramps that do not meet ADA requirements. An inventory of such sites throughout the City is currently underway by Engineering Department staff. He noted that citizen complaints regarding hazardous sites would take priority. th In response to questions from Councilman Callsen, Mr. Orton noted that the tree at 203 South 15 would be removed through an outside contractor. Because of the reduction in personnel within the Parks Department, the Parks Superintendent is currently functioning as the City Forester as well. The City is not appropriately equipped to take town a tree of that size. th MOVED by Hopper, SECONDED by Pollard to accept the resolutions for sidewalk repair at 203 South 15 Avenue and 907 Grant Street with the provision that staff follow the direction of City Council and work with the homeowners in order that they understand the L.I.D. process and answer any questions they may have concerning this matter. MOTION CARRIED Mr. Orton stated that Engineering Staff will contact the homeowners and will report back to City Council as requested. NEW BUSINESS: øÐËÞÔ×Ý ØÛßÎ×ÒÙ ÅÏËßÍ×óÖËÜ×Ý×ßÔÃæ ÝßÍÛ ÒÑò ÍËÞóîðèÅÐÚÃóïî ß ÎÛÏËÛÍÌ ÞÇ ÌØÛ ÝØËÎÝØ ÑÚ ÖÛÍËÍ ÝØÎ×ÍÌ ÑÚ ÔßÌÌÛÎóÜßÇ Íß×ÒÌÍ ßÒÜ ÌØÛ ÔßÒÜ ÙÎÑËÐ ÚÑÎ ÍØÑÎÌ ÐÔßÌ ßÐÐÎÑÊßÔ ÑÚ Ô×ÒÜÛÒ ÍÌßÕÛ ÍËÞÜ×Ê×Í×ÑÒô ÝÑÒÍ×ÍÌ×ÒÙ ÑÚ ßÐÐÎÑÈ×ÓßÌÛÔÇ çòðê ßÝÎÛÍ ÌÑ ÞÛ ÍËÞÜ×Ê×ÜÛÜ ×ÒÌÑ ÌÉÑ ÔÑÌÍ ×Ò ß Îóï ÔÑÉ ÜÛÒÍ×ÌÇ ÎÛÍ×ÜÛÒÌ×ßÔ ÆÑÒÛ ×ÜÛÒÌ×Ú×ÛÜ ßÍ ÌßÈ ×ÜýÎíìíîì÷ The Mayor explained the quasi-judicial public hearing process. The City Clerk swore in those who would be giving public testimony. Anne Marie Skinner, 621 Cleveland Blvd., presented the staff report and outlined the facts as written. She presented an aerial map of the site, which the Mayor labeled as CC-1000. Ms. Skinner noted that the property is located on the north side of Linden Street approximately 813 feet east of KCID Road. She noted that the parcel is mostly developed with the church building, parking lot, and grass area. The church is desirous of splitting off approximately one acre. Since the City Code does not provide for a simple lot split process, the short plat process is being used. The Planning & Zoning Commission is in agreement with the request. In response to questions from Councilman Hopper, Ms. Skinner stated that the pathway access was moving to the east side of the church rather than the northwest corner to provide connectivity to the Pheasant Run Subdivision. She noted that there is no pathway design within the Pheasant Run Subdivision. Leon Zimmerman, 400 S. Main, Payette acknowledged that he had been sworn in. He concurred with the staff report presentation by Ms. Skinner and noted that the path was moved for safety reasons. MOVED by Hopper, SECONDED by Blacker to close the public testimony portion of the hearing. MOTION CARRIED EVIDENCE LIST FOR CASE NO. SUB-208(PF)-12: The Mayor presented the Evidence List: staff report, sign-up sheets, the short plat, and CC-1000 (an aerial map of the site presented by Anne Marie Skinner). MOVED by Hopper, SECONDED by Callsen to accept the Evidence List as presented. MOTION CARRIED COMPREHENSIVE PLAN ANALYSIS FOR CASE NO. SUB-208(PF)-12: MOVED by Hopper, SECONDED by Blacker to accept the Comprehensive Plan Analysis as presented in the staff report under roman number V. MOTION CARRIED FINDINGS OF FACT ON CASE NO. SUB-208(PF)-12: MOVED by Hopper, SECONDED by Blacker to accept the general facts as outlined in the staff report, the public testimony that was given in this matter, the evidence list that was presented, and note that there was st. MOTION CARRIED CONCLUSIONS OF LAW ON CASE NO. SUB-208(PF)-12: MOVED by Ozuna, SECONDED by Hopper that the Caldwell City Council has the authority to hear this case and to make the decision to approve or deny; and the public hearing was noticed and heard within the guidelines of applicable state codes and local ordinances. MOTION CARRIED BOOK 53PAGE 123 ORDER OF DECISION ON CASE NO. SUB-208(PF))-12: MOVED by Hopper, SECONDED by Callsen based on the Findings of Fact and Conclusions of Law, the Caldwell City Council hereby orders that Case No. SUB-208(PF)-12, a request by The Church of Jesus Christ of Latter-Day Saints and The Land Group for short plat approval of Linden Stake Subdivision, consisting of approximately 9.06 acres to be subdivided into two lots in a R-1 Low Density Residential . zone identified as Tax ID#R34324, is approved with the conditions as outlined within the staff report Roll call vote. Those voting yes: Hopper, Callsen, Pollard, Clark, Blacker, and Ozuna. Those voting no: none. Absent and/or not voting: none. MOTION CARRIED MOVED by Hopper, SECONDED by Clark to close the public hearing. MOTION CARRIED øÐËÞÔ×Ý ØÛßÎ×ÒÙ ÅÏËßÍ×óÖËÜ×Ý×ßÔÃæ ÝßÍÛ ÒÑò ÍËÞóîðïÅÛÃóðç ß ÎÛÏËÛÍÌ ÞÇ ÞØ ÝßÔÜÉÛÔÔ ÝÑÓÓÑÒÍ ÔÔÝ ÚÑÎ ß ÌÉÛÔÊÛóÓÑÒÌØ Ì×ÓÛ ÛÈÌÛÒÍ×ÑÒ ÑÚ ÌØÛ ÐÎÛÔ×Ó×ÒßÎÇ ÐÔßÌ ßÐÐÎÑÊßÔ ÚÑÎ ÝßÔÜÉÛÔÔ ÝÑÓÓÑÒÍ ÍËÞÜ×Ê×Í×ÑÒ ÔÑÝßÌÛÜ ßÌ ÌØÛ ÒÑÎÌØÛßÍÌ ÝÑÎÒÛÎ ÑÚ ËÍÌ×ÝÕ ÎÑßÜ ßÒÜ ÝÔÛÊÛÔßÒÜ ÞÑËÔÛÊßÎÜ÷ MOVED by Callsen, SECONEDED by Hopper to continue the Public Hearing to the next Regularly Scheduled City Council Meeting to be held on Monday, November 19, 2012 at 7:00 p.m. MOTION CARRIED (FINANCE AND HUMAN RESOURCE REPORTS) Councilman Callsen reported that the Finance Committee has reviewed current accounts payable in the amount of $2,314,762.18 for the period ending October 26, 2012 and net payroll in the amount of $317,137.08 for the pay period ended October 20, 2012. MOVED by Callsen, SECONDED by Clark that accounts payable in the amount of $2,314,762.18 represented by check numbers 89175 through 89713 and the total payroll in the amount of $317,137.08 represented by check numbers 24150 through 24317 payroll direct deposits be accepted, payment approved, and vouchers filed in the office of the City Clerk. MOTION CARRIED (COUNCIL COMMENTS) Councilman Pollard reported on attending a tour of the new Southwark Metal Company building last week. There is currently 24 employees at the facility with plans to add more in the future. This is a great new addition to our community. Councilman Hopper reported on two important upcoming workshops which will be held on November th 15. The first one will be held at 1:00-4:00 p.m. at Washington Elementary dealing with the Safe Routes to Schools Program. The second workshop that day will be held at 6:00 p.m. dealing with infill development. This workshop to be held in the Community Room at Caldwell Police Department. Information will be more infill projects. Councilman Blacker congratulated City Clerk Debbie Geyer on her recent election as the First Director for the Idaho City Clerks and Treasures/Finance Officers Association (ICCTFOA). st The Mayor reported on the ribbon cutting ceremonies on November 1 for the new Harmon Meeting Center on the corner of Main Street and Kimball Avenue owned by Councilman Clark and his family as well as for nd the Protection First Security Systems Company in Caldwell. On Friday, November 2 the Southwark Metal Company tour took place. Upcoming Calendar Events: Election Day on November 6, 2012 th at 621 Cleveland Blvd. th College of Idaho Coyotes vs. the Northwest Nazarene Crusaders game on November 8 th Business After Hours on November 15 at the Bank of the Cascades Winter Wonderland Event in Downtown Caldwell 6:00 p.m. to 9:00 p.m. ndrd November 22 and 23 City Hall will be closed. The Mayor reported that he recently met with Tim Rosandick, Orville Collins, and Chuck Stout to discuss the future of the historic Carnegie Library building currently owned by the Caldwell School District. It was suggested that a City Council Workshop be held concerning this matter with invitations going out to the Canyon County Commissioners, members of the Caldwell Historic Preservation Commission, representatives from The College of Idaho, and representatives from the Caldwell School District. The workshop should be held on an alternative night from the Regularly Scheduled City Council Meeting dates to allow for ample discussion. BOOK 53 PAGE 124 The Mayor recognized Mr. Biggers who was in attendance and complimented his daughter and son for their involvement with the Caldwell øÛÈÛÝËÌ×ÊÛ ÍÛÍÍ×ÑÒ ÐËÎÍËßÒÌ ÌÑ ×ÜßØÑ ÝÑÜÛô ÍÛÝÌ×ÑÒ êéóîíìëô ÍËÞÍÛÝÌ×ÑÒ øøÚ÷ ÚÑÎ ÌØÛ ÐËÎÐÑÍÛ ÑÚ Ü×ÍÝËÍÍ×ÒÙ ÐÛÒÜ×ÒÙ Ô×Ì×ÙßÌ×ÑÒ ÑÎ ÉØÛÎÛ ÌØÛÎÛ ×Í ß ÙÛÒÛÎßÔ ÐËÞÔ×Ý ßÉßÎÛÒÛÍÍ ÑÚ ÐÎÑÞßÞÔÛ Ô×Ì×ÙßÌ×ÑÒ÷ ðîçøùÛÄõÎÍÍØËêøúîïùøùÛÄúÜÑÑÊØÏÉÎÚÎÏÇØÏØÔÏÉÎExecutive Session pursuant to Idaho Code, Section 67-2345, Subsection (f) for the purpose of discussing pending litigation or where there is a general public awareness of probable litigation at 7:58 p.m. Roll call vote. Those voting yes: Hopper, Callsen, Pollard, Clark, Blacker, and Ozuna. Those voting no: none. Absent and/or not voting: none. MOTION CARRIED reconvene MOVED by Callsen, SECONDED by Pollard to into Regular Session. MOTION CARRIED (ADJOURNMENT) MOVED by Hopper, SECONDED by Blacker to adjourn at 8:54 p.m. MOTION CARRIED th APPROVED AS written THIS 19 DAY OF NOVEMBER , 2012. Mayor Councilperson Councilperson Councilperson Councilperson Councilperson Councilperson ATTEST: City Clerk